Arnold v. Chesebrough

This is an application for the appointment of a special examiner at Los Angeles, Cal., to take testimony under the sixty-seventh rule in equity. The power of a circuit court to appoint an examiner to act outside of its territorial jurisdiction is not free from doubt. Mr. Justice Bradley, sitting at circuit, has held that it has such power. Railroad Co. v. Drew, 3 Woods, 697. Mr. Justice Blatchford, sitting in this circuit, has repeatedly refused to make such orders as the one now applied for, on the expressed ground of lack of power. Orders appointing special examiners have no doubt since…